103D CONGRESS

2D SESSION H. R. 5248

AN ACT

To require States to consider adopting mandatory, comprehensive, Statewide one-call notification systems to

protect natural gas and hazardous liquid pipelines and

all other underground facilities from being damaged by

any excavations, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 TITLE I—ONE-CALL

4 SEC. 101. SHORT TITLE.

5 This title may be cited as the ‘‘Comprehensive One6 Call Notification Act of 1994’’.
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1 SEC. 102. DEFINITIONS.

2 For purposes of this title, the following definitions

3 apply:

4 (1) DAMAGE.—The term ‘‘damage’’ means any

5 impact or contact with an underground facility, its

6 appurtenances, or its protective coating, or weaken7 ing of the support for the facility or protective hous8 ing, which requires repair.

9 (2) EXCAVATION.—The term ‘‘excavation’’

10 means any operation in which earth, rock, or other

11 material in the ground is moved, removed, or other12 wise displaced by means of any mechanized tools or

13 equipment, or any explosive, but shall not include—

14 (A) any generally accepted normal agricul15 tural practices and activities taken in support

16 thereof, as determined by each State, including

17 tilling of the soil for agricultural purposes to a

18 depth of 18 inches or less;

19 (B) generally accepted normal lawn and

20 garden activities, as determined by each State;

21 (C) the excavation of a gravesite in a cem22 etery; and

23 (D) routine railroad maintenance as long

24 as such maintenance would disturb the ground

25 to a depth of no more than 18 inches as meas26 ured from the surface of the ground and the
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1 railroad has rules requiring underground facili2 ties other than its own to be buried 3 feet or

3 lower on its property or along its right-of-way.

4 When a facility operator believes that its under5 ground facility is not buried 3 feet or lower on rail6 road property or right-of-way, the facility operator

7 may request permission to enter the railroad prop8 erty or right-of-way for the purpose of assessing the

9 depth of such underground facility and report its

10 finding to the railroad.

11 (3) EXCAVATOR.—The term ‘‘excavator’’ means

12 a person who conducts excavation.

13 (4) FACILITY OPERATOR.—The term ‘‘facility

14 operator’’ means any person who operates an under15 ground facility.

16 (5) HAZARDOUS LIQUID.—The term ‘‘hazard17 ous liquid’’ has the meaning given such term in sec18 tion 60101(a)(4) of title 49, United States Code.

19 (6) NATURAL GAS.—The term ‘‘natural gas’’

20 has the meaning given the term ‘‘gas’’ in section

21 60101(a)(2) of title 49, United States Code.

22 (7) PERSON.—The term ‘‘person’’ includes any

23 agency of Federal, State, or local government.

24 (8) ROUTINE RAILROAD MAINTENANCE.—The

25 term ‘‘routine railroad maintenance’’ includes such
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1 activities as ballast cleaning, general ballast work,

2 track lining and surfacing, signal maintenance, and

3 the replacement of crossties.

4 (9) SECRETARY.—The term ‘‘Secretary’’ means

5 the Secretary of Transportation.

6 (10) STATE.—The term ‘‘State’’ has the mean7 ing given such term in section 60101(a)(20) of title

8 49, United States Code.

9 (11) STATE PROGRAM.—The term ‘‘State pro10 gram’’ means the program of a State to establish or

11 maintain a one-call notification system.

12 (12) UNDERGROUND FACILITY.—The term

13 ‘‘underground facility’’ means any underground line,

14 system, or structure used for gathering, storing,

15 transmitting, or distributing oil, petroleum products,

16 other hazardous liquids, natural gas, communication,

17 electricity, water, steam, sewerage, or any other

18 commodities the Secretary determines should be in19 cluded under the requirements of this title, but such

20 term does not include a portion of a line, system, or

21 structure if the person who owns or leases, or holds

22 an oil or gas mineral leasehold interest in, the real

23 property in which such portion is located also oper24 ates, or has authorized the operation of, the line,

25 system, or structure only for the purpose of furnish-
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1 ing services or materials to such person, except to

2 the extent that such portion contains predominantly

3 natural gas or hazardous liquids and—

4 (A) is located within an easement for a

5 public road (as defined under section 101(a) of

6 title 23, United States Code), or a toll highway,

7 bridge, or tunnel (as described in section

8 129(a)(2) of such title); or

9 (B) is located on a mineral lease and is

10 within the boundaries of a city, town, or village.

11 SEC. 103. NATIONWIDE TOLL-FREE NUMBER SYSTEM.

12 Within 1 year after the date of enactment of this Act,

13 the Secretary shall, in consultation with the Federal Com14 munications Commission, facility operators, excavators,

15 and one-call notification system operators, provide for the

16 establishment of a nationwide toll-free telephone number

17 system to be used by State one-call notification systems.

18 SEC. 104. STATE PROGRAMS.

19 (a) CONSIDERATION.—Each State shall consider

20 whether to adopt a comprehensive statewide one-call noti21 fication program with each element described in section

22 105, to protect all underground facilities from damage due

23 to any excavation. Such State program may be provided

24 for through the establishment of a new program, or

25 through modification or improvement of an existing pro-
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1 gram, and may be implemented by a nongovernmental or2 ganization.

3 (b) PROCEDURES.—State consideration under sub4 section (a) shall be undertaken after public notice and

5 hearing, and shall be completed within 3 years after the

6 date of enactment of this Act. Such consideration may be

7 undertaken as part of any proceeding of a State with re8 spect to the safety of pipelines or other underground facili9 ties.

10 (c) COMPLIANCE.—If a State fails to comply with the

11 requirements of subsection (a), the Secretary or any per12 son aggrieved by such failure may in a civil action obtain

13 appropriate relief against any appropriate officer or entity

14 of the State, including the State itself, to compel such

15 compliance.

16 (d) APPROPRIATENESS.—Nothing in this title pro17 hibits a State from making a determination that it is not

18 appropriate to adopt a State program described in section

19 105, pursuant to its authority under otherwise applicable

20 State law.

21 SEC. 105. ELEMENTS OF STATE PROGRAM.

22 (a) IN GENERAL.—Each State’s consideration under

23 section 104(a) shall include consideration of program ele24 ments that—
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1 (1) provide for a one-call notification system or

2 systems which shall—

3 (A) apply to all excavators and to all facil4 ity operators;

5 (B) operate in all areas of the State and

6 not duplicate the geographical coverage of other

7 one-call notification systems;

8 (C) receive and record appropriate infor9 mation from excavators about intended exca10 vations;

11 (D) inform facility operators of any in12 tended excavations that may be in the vicinity

13 of their underground facilities; and

14 (E) inform excavators of the identity of fa15 cility operators who will be notified of the in16 tended excavation;

17 (2) provide for 24-hour coverage for emergency

18 excavation, with the manner and scope of coverage

19 determined by the State;

20 (3) employ mechanisms to ensure that the gen21 eral public, and in particular all excavators, are

22 aware of the one-call telephone number and the re23 quirements, penalties, and benefits of the State pro24 gram relating to excavations;
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1 (4) inform excavators of any procedures that

2 the State has determined must be followed when ex3 cavating;

4 (5) require that any excavator must contact the

5 one-call notification system in accordance with State

6 specifications, which may vary depending on whether

7 the excavation is short term, long term, routine, con8 tinuous, or emergency;

9 (6) require facility operators to provide for lo10 cating and marking or otherwise identifying their fa11 cilities at an excavation site, in accordance with

12 State specifications, which may vary depending on

13 whether the excavation is short term, long term, rou14 tine, continuous, or emergency;

15 (7) provide effective mechanisms for penalties

16 and enforcement as described in section 106;

17 (8) provide for a fair and appropriate schedule

18 of fees to cover the costs of providing for, maintain19 ing, and operating the State program;

20 (9) provide an opportunity for citizen suits to

21 enforce the State program; and

22 (10) require railroads to report any accidents

23 that occur during or as a result of routine railroad

24 maintenance to the Secretary and the appropriate

25 local officials.
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1 (b) EXCEPTION.—Where excavation is undertaken by

2 or for a person, on real property owned or leased, or in

3 which an oil or gas mineral leasehold interest is held, by

4 that person, and the same person operates all under5 ground facilities located at the site of the excavation, a

6 State program may elect not to require that such person

7 contact the one-call notification system before excavating.

8 SEC. 106. PENALTIES AND ENFORCEMENT.

9 (a) GENERAL PENALTIES.—Each State’s consider10 ation under section 104(a) shall include consideration of

11 a requirement that any excavator or facility operator who

12 violates the requirements of the State program shall be

13 liable for an appropriate administrative or civil penalty.

14 (b) INCREASED PENALTIES.—If a violation results in

15 damage to an underground facility resulting in death, seri16 ous bodily harm, or actual damage to property exceeding

17 $50,000, or damage to a hazardous liquid underground

18 facility resulting in the release of more than 50 barrels

19 of product, the penalties shall be increased, and an addi20 tional penalty of imprisonment may be assessed for a

21 knowing and willful violation.

22 (c) DECREASED PENALTIES.—Each State’s consider23 ation under section 104(a) shall include consideration of

24 reduced penalties for a violation, that results in or could
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1 result in damage, that is promptly reported by the viola2 tor.

3 (d) EQUITABLE RELIEF AND MANDAMUS AC4 TIONS.—Each State’s consideration under section 104(a)

5 shall include consideration of provisions for appropriate

6 equitable relief and mandamus actions.

7 (e) IMMEDIATE CITATION OF VIOLATIONS.—Each

8 State’s consideration under section 104(a) shall include

9 consideration of procedures for issuing a citation of viola10 tion at the site and time of the violation.

11 SEC. 107. GRANTS TO STATES.

12 (a) AUTHORITY.—Using $4,000,000 of the amounts

13 previously collected under section 7005 of the Consoli14 dated Omnibus Budget Reconciliation Act of 1985 (pre15 viously codified as 49 U.S.C. App. 1682a) or section

16 60301 of title 49, United States Code, for each of the fis17 cal years 1996, 1997, and 1998, to the extent provided

18 in advance in appropriations Acts, the Secretary shall

19 make grants to States, or to operators of one-call notifica20 tion systems in such States, which have elected to adopt

21 a State program described in section 105, or to establish

22 and maintain a State program pursuant to subsection (b)

23 of this section. Such grants may be used in establishing

24 one-call notification systems, modifying existing systems

25 to conform to standards established under this title, and
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1 improving systems to exceed such standards. Such grants

2 may be used to—

3 (1) improve communications systems linking

4 one-call notification systems;

5 (2) improve location capabilities, including

6 training personnel and developing and using location

7 technology;

8 (3) improve record retention and recording ca9 pabilities;

10 (4) enhance public information and education

11 campaigns;

12 (5) increase and improve enforcement mecha13 nisms, including administrative processing of viola14 tions; and

15 (6) otherwise further the purposes of this title.

16 (b) ALTERNATE FORM OF STATE PROGRAM.—The

17 Secretary may make a grant under subsection (a) to a

18 State that establishes or maintains a State program that

19 differs from a State program described in section 105 if

20 such State program is at least as protective of the public

21 health and safety and the environment as a State program

22 described in section 105.

23 SEC. 108. DEPARTMENT OF TRANSPORTATION.

24 (a) COORDINATION WITH OTHER RESPONSIBIL25 ITIES.—
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1 (1) COORDINATION.—The Secretary shall co2 ordinate the implementation of this title with the im3 plementation of chapter 601 of title 49, United

4 States Code.

5 (2) REVIEW OF PROGRAMS.—Within 18 months

6 after the date of enactment of this Act, the Sec7 retary shall review, and report to Congress on, the

8 extent to which any policies, programs, and proce9 dures of the Department of Transportation could be

10 used to achieve the purposes of this title.

11 (b) MODEL PROGRAM.—

12 (1) DEVELOPMENT.—Within 1 year after the

13 date of enactment of this Act, the Secretary, in con14 sultation with facility operators, excavators, one-call

15 notification system operators, and State and local

16 governments, shall develop and make available to

17 States a model State program, including a model en18 forcement program. Such model program may be

19 amended by the Secretary on the Secretary’s initia20 tive or in response to reports submitted by the

21 States pursuant to section 109, or as a result of

22 workshops conducted under paragraph (3) of this

23 subsection.

24 (2) SUGGESTED ELEMENTS.—The model pro25 gram developed under paragraph (1) shall include all
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1 elements of a State program described in section

2 105. The Secretary shall consider incorporating the

3 following elements into the model program:

4 (A) The one-call notification system or sys5 tems shall—

6 (i) receive and record appropriate in7 formation from excavators about intended

8 excavations, including—

9 (I) the name of the person con10 tacting the one-call notification sys11 tem;

12 (II) the name, address, and tele13 phone number of the excavator;

14 (III) the specific location of the

15 intended excavation, along with the

16 starting date thereof and a description

17 of the intended excavation activity;

18 and

19 (IV) the name, address, and tele20 phone number of the person for whom

21 the work is being performed; and

22 (ii) maintain records on each notice of

23 intent to excavate for the period of time

24 necessary to ensure that such records re-
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1 main available for use in the adjudication

2 of any claims relating to the excavation.

3 (B) The provision of information on exca4 vation requirements at the time of issuance of

5 excavation or building permits, or other specific

6 mechanisms for ensuring excavator awareness.

7 (C) A requirement that any excavator

8 must contact the one-call notification system at

9 least 2 business days, and not more than 10

10 business days, before excavation begins.

11 (D) Alternative notification procedures for

12 excavation activities conducted as a normal part

13 of ongoing operations within specific geographic

14 locations over an extended period of time.

15 (E) A requirement that facility opera16 tors—

17 (i) provide for locating and marking,

18 in accordance with the American Public

19 Works Association Uniform Color Code for

20 Utilities, or otherwise identifying, in ac21 cordance with standards established by the

22 State or the American National Standards

23 Institute, their underground facilities at

24 the site of an intended excavation within
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1 no more than 2 business days after notifi2 cation of such intended excavation; and

3 (ii) monitor such excavation as appro4 priate.

5 (F) Provision for notification of excavators

6 if no underground facilities are located at the

7 excavation site.

8 (G) Provision for the approval of a State

9 program under this title with time limitations

10 longer than those required under subpara11 graphs (C) and (E) of this paragraph where

12 special circumstances, such as severe weather

13 conditions or remoteness of location, pertain.

14 (H) Procedures for excavators and facility

15 operators to follow when the location of under16 ground facilities is unknown.

17 (I) Procedures to improve underground fa18 cility location capabilities, including compiling

19 and notifying excavators, facility operators, and

20 one-call centers of any information about pre21 viously unknown underground facility locations

22 when such information is discovered.

23 (J) Alternative rules for timely compliance

24 with State program requirements in emergency

25 circumstances.
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1 (K) If a State has procedures for licensing

2 or permitting entities to do business, procedures

3 for the revocation of the license or permit to do

4 business of any excavator determined to be a

5 habitual violator of the requirements of the

6 State program.

7 (3) WORKSHOPS.—Within 6 months after the

8 date of enactment of this Act, and annually there9 after, the Secretary shall conduct workshops with fa10 cility operators, excavators, one-call notification sys11 tem operators, and State and local governments in

12 order to develop, amend, and promote the model

13 program, and to provide an opportunity to share in14 formation among such parties and to recognize State

15 programs that exemplify the goals of this title.

16 (c) PUBLIC EDUCATION.—The Secretary shall de17 velop, in conjunction with facility operators, excavators,

18 one-call notification system operators, and State and local

19 governments, public service announcements and other edu20 cational materials and programs to be broadcast or pub21 lished to educate the public about one-call notification sys22 tems, including the national phone number.

23 SEC. 109. STATE REPORTS.

24 (a) REQUIREMENT.—
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1 (1) INITIAL REPORT.—Within 3 years after the

2 date of enactment of this Act, each State shall sub3 mit to the Secretary a report on progress made in

4 implementing this title.

(2) STATUS REPORTS.—Within 41 5 ⁄2 years after

6 the date of enactment of this Act, and annually

7 thereafter, each State shall report to the Secretary

8 on the status of its State program, if any, and its

9 requirements, and any other information the Sec10 retary requires.

11 (b) SIMPLIFIED REPORTING FORM.—Within 3 years

12 after the date of enactment of this Act, the Secretary shall

13 develop and distribute to the States a simplified form for

14 complying with the reporting requirements of subsection

15 (a)(2).

16 SEC. 110. FEDERAL REPORT.

17 The Secretary shall report annually to Congress on

18 the number and circumstances surrounding accidents

19 caused by routine railroad maintenance.

20 SEC. 111. MORE PROTECTIVE SYSTEMS.

21 Nothing in this title prohibits a State from imple22 menting a one-call notification system that provides great23 er protection for underground facilities from damage due

24 to excavation than a system established pursuant to this

25 title.
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1 SEC. 112. USE OF TECHNOLOGIES FOR REMOTE AND

2 ABOVE-GROUND PIPELINE LOCATION.

3 The Secretary shall consult with other agencies as to

4 the availability and affordability of technologies which will

5 help relocate pipelines from above-ground and remote loca6 tions.

7 SEC. 113. VISION WAIVER STUDY PROGRAM.

8 In order to further substantiate research carried out

9 by the Secretary in fiscal year 1992 under the vision waiv10 er study program, the Secretary shall carry out a follow11 up study to such program to include drivers who otherwise

12 would have qualified to participate in the initial vision

13 waiver study but for the time limits on applications and

14 the failure to learn of the program in a timely manner.

15 Any study issued under this section shall comply with the

16 requirements of section 31136(e) of title 49, United States

17 Code, and applicable case law.

18 SEC. 114. SENSE OF CONGRESS; REQUIREMENT REGARD19 ING NOTICE.

20 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT

21 AND PRODUCTS.—It is the sense of Congress that, to the

22 greatest extent practicable, all equipment and products

23 purchased with funds made available under this title

24 should be American-made.

25 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

26 providing financial assistance under this title, the Admin-
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1 istrator of the Research and Special Programs Adminis2 tration of the Department of Transportation, to the great3 est extent practicable, shall provide to each recipient of

4 the assistance a notice describing the statement made in

5 subsection (a).

6 TITLE II—HIGH RISK DRIVERS

7 PROGRAM

8 Subtitle A—High-Risk and Alcohol9 Impaired Drivers

10 SEC. 211. FINDINGS.

11 The Congress makes the following findings:

12 (1) The Nation’s traffic fatality rate has de13 clined from 5.5 deaths per 100 million vehicle miles

14 traveled in 1966 to an historic low of an estimated

15 1.8 deaths per 100 million vehicle miles traveled

16 during 1992. In order to further this desired trend,

17 the safety programs and policies implemented by the

18 Department of Transportation must be continued,

19 and at the same time, the focus of these efforts as

20 they pertain to high risk drivers of all ages must be

21 strengthened.

22 (2) Motor vehicle crashes are the leading cause

23 of death among teenagers, and teenage drivers tend

24 to be at fault for their fatal crashes more often than

25 older drivers. Drivers who are 16 to 20 years old
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1 comprised 7.4 percent of the United States popu2 lation in 1991 but were involved in 15.4 percent of

3 fatal motor vehicle crashes. Also, on the basis of

4 crashes per 100,000 licensed drivers, young drivers

5 are the highest risk group of drivers.

6 (3) During 1991, 6,630 teenagers from age 15

7 through 20 died in motor vehicle crashes. This trag8 ic loss demands that the Federal Government inten9 sify its efforts to promote highway safety among

10 members of this high risk group.

11 (4) The consumption of alcohol, speeding over

12 allowable limits or too fast for road conditions, inad13 equate use of occupant restraints, and other high

14 risk behaviors are several of the key causes for this

15 tragic loss of young drivers and passengers. The De16 partment of Transportation, working cooperatively

17 with the States, student groups, and other organiza18 tions, must reinvigorate its current programs and

19 policies to address more effectively these pressing

20 problems of teenage drivers.

21 (5) In 1991 individuals aged 70 years and

22 older, who are particularly susceptible to injury,

23 were involved in 12 percent of all motor vehicle traf24 fic crash fatalities. These deaths accounted for 4,828

25 fatalities out of 41,462 total traffic fatalities.
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1 (6) The number of older Americans who drive

2 is expected to increase dramatically during the next

3 30 years. Unfortunately, during the last 15 years,

4 the Department of Transportation has supported an

5 extremely limited program concerning older drivers.

6 Research on older driver behavior and licensing has

7 suffered from intermittent funding at amounts that

8 were insufficient to address the scope and nature of

9 the challenges ahead.

10 (7) A major objective of United States trans11 portation policy must be to promote the mobility of

12 older Americans while at the same time ensuring

13 public safety on our Nation’s highways. In order to

14 accomplish these two objectives simultaneously, the

15 Department of Transportation must support a vigor16 ous and sustained program of research, technical as17 sistance, evaluation, and other appropriate activities

18 that are designed to reduce the fatality and crash

19 rate of older drivers who have identifiable risk char20 acteristics.

21 SEC. 212. DEFINITIONS.

22 For purposes of this subtitle—

23 (1) The term ‘‘high risk driver’’ means a motor

24 vehicle driver who belongs to a class of drivers that,

25 based on vehicle crash rates, fatality rates, traffic
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1 safety violation rates, and other factors specified by

2 the Secretary, presents a risk of injury to the driver

3 and other individuals that is higher than the risk

4 presented by the average driver.

5 (2) The term ‘‘Secretary’’ means the Secretary

6 of Transportation.

7 SEC. 213. POLICY AND PROGRAM DIRECTION.

8 (a) GENERAL RESPONSIBILITY OF SECRETARY.—

9 The Secretary shall develop and implement effective and

10 comprehensive policies and programs to promote safe driv11 ing behavior by young drivers, older drivers, and repeat

12 violators of traffic safety regulations and laws.

13 (b) SAFETY PROMOTION ACTIVITIES.—The Secretary

14 shall promote or engage in activities that seek to ensure

15 that—

16 (1) cost effective and scientifically-based guide17 lines and technologies for the nondiscriminatory

18 evaluation and licensing of high risk drivers are ad19 vanced;

20 (2) model driver training, screening, licensing,

21 control, and evaluation programs are improved;

22 (3) uniform or compatible State driver point

23 systems and other licensing and driver record infor24 mation systems are advanced as a means of identify25 ing and initially evaluating high risk drivers; and
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1 (4) driver training programs and the delivery of

2 such programs are advanced.

3 (c) DRIVER TRAINING RESEARCH.—The Secretary

4 shall explore the feasibility and advisability of using cost

5 efficient simulation and other technologies as a means of

6 enhancing driver training; shall advance knowledge re7 garding the perceptual, cognitive, and decision making

8 skills needed for safe driving and to improve driver train9 ing; and shall investigate the most effective means of inte10 grating licensing, training, and other techniques for pre11 paring novice drivers for the safe use of highway systems.

12 Subtitle B—Young Driver

13 Programs

14 SEC. 221. STATE GRANTS FOR YOUNG DRIVER PROGRAMS.

15 (a) ESTABLISHMENT OF GRANT PROGRAM.—Chapter

16 4 of title 23, United States Code, is amended by adding

17 at the end the following new section:

18 ‘‘§ 411. Programs for young drivers

19 ‘‘(a) GENERAL AUTHORITY.—Subject to the provi20 sions of this section, the Secretary shall make basic and

21 supplemental grants to those States which adopt and im22 plement programs for young drivers which include meas23 ures, described in this section, to reduce traffic safety

24 problems resulting from the driving performance of young
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1 drivers. Such grants may only be used by recipient States

2 to implement and enforce such measures.

3 ‘‘(b) MAINTENANCE OF EFFORT.—No grant may be

4 made to a State under this section in any fiscal year unless

5 such State enters into such agreements with the Secretary

6 as the Secretary may require to ensure that such State

7 will maintain its aggregate estimated expenditures from

8 all other sources for programs for young drivers at or

9 above the average level of such expenditures in its 2 fiscal

10 years preceding the fiscal year in which the High Risk

11 Drivers Act of 1994 is enacted.

12 ‘‘(c) FEDERAL SHARE.—No State may receive grants

13 under this section in more than 5 fiscal years. The Federal

14 share payable for any grant under this section shall not

15 exceed—

16 ‘‘(1) in the first fiscal year a State receives a

17 grant under this section, 75 percent of the cost of

18 implementing and enforcing in such fiscal year the

19 young driver program adopted by the State pursuant

20 to subsection (a);

21 ‘‘(2) in the second fiscal year the State receives

22 a grant under this section, 50 percent of the cost of

23 implementing and enforcing in such fiscal year such

24 program; and
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1 ‘‘(3) in the third, fourth, and fifth fiscal years

2 the State receives a grant under this section, 25 per3 cent of the cost of implementing and enforcing in

4 such fiscal year such program.

5 ‘‘(d) MAXIMUM AMOUNT OF BASIC GRANTS.—Sub6 ject to subsection (c), the amount of a basic grant made

7 under this section for any fiscal year to any State which

8 is eligible for such a grant under subsection (e) shall equal

9 30 percent of the amount apportioned to such State for

10 fiscal year 1989 under section 402 of this title. A grant

11 to a State under this section shall be in addition to the

12 State’s apportionment under section 402, and basic grants

13 during any fiscal year may be proportionately reduced to

14 accommodate an applicable statutory obligation limitation

15 for that fiscal year.

16 ‘‘(e) ELIGIBILITY FOR BASIC GRANTS.—

17 ‘‘(1) GENERAL.—For purposes of this section, a

18 State is eligible for a basic grant if such State—

19 ‘‘(A) establishes and maintains a grad20 uated licensing program for drivers under 18

21 years of age that meets the requirements of

22 paragraph (2); and

23 ‘‘(B)(i) in the first year of receiving grants

24 under this section, meets 3 of the 7 criteria

25 specified in paragraph (3);
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1 ‘‘(ii) in the second year of receiving such

2 grants, meets 4 of such criteria;

3 ‘‘(iii) in the third year of receiving such

4 grants, meets 5 of such criteria;

5 ‘‘(iv) in the fourth year of receiving such

6 grants, meets 6 of such criteria; and

7 ‘‘(v) in the fifth year of receiving such

8 grants, meets 6 of such criteria.

9 For purposes of subparagraph (B), a State shall be

10 treated as having met one of the requirements of

11 paragraph (3) for any year if the State demonstrates

12 to the satisfaction of the Secretary that, for the 3

13 preceding years, the alcohol fatal crash involvement

14 rate for individuals under the age of 21 has declined

15 in that State and the alcohol fatal crash involvement

16 rate for such individuals has been lower in that

17 State than the average such rate for all States.

18 ‘‘(2) GRADUATED LICENSING PROGRAM.—

19 ‘‘(A) A State receiving a grant under this

20 section shall establish and maintain a grad21 uated licensing program consisting of the fol22 lowing licensing stages for any driver under 18

23 years of age:

24 ‘‘(i) An instructional license, valid for

25 a minimum period determined by the Sec-
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1 retary, under which the licensee shall not

2 operate a motor vehicle unless accom3 panied in the front passenger seat by the

4 holder of a full driver’s license.

5 ‘‘(ii) A provisional driver’s license

6 which shall not be issued unless the driver

7 has passed a written examination on traffic

8 safety and has passed a roadtest adminis9 tered by the driver licensing agency of the

10 State.

11 ‘‘(iii) A full driver’s license which shall

12 not be issued until the driver has held a

13 provisional license for at least 1 year with

14 a clean driving record.

15 ‘‘(B) For purposes of subparagraph

16 (A)(iii), subsection (f)(1), and subsection

17 (f)(6)(B), a provisional licensee has a clean

18 driving record if the licensee—

19 ‘‘(i) has not been found, by civil or

20 criminal process, to have committed a mov21 ing traffic violation during the applicable

22 period;

23 ‘‘(ii) has not been assessed points

24 against the license because of safety viola25 tions during such period; and
28

•HR 5248 EH

1 ‘‘(iii) has satisfied such other require2 ments as the Secretary may prescribe by

3 regulation.

4 ‘‘(C) The Secretary shall determine the

5 conditions under which a State shall suspend

6 provisional driver’s licenses in order to be eligi7 ble for a basic grant. At a minimum, the holder

8 of a provisional license shall be subject to driver

9 control actions that are stricter than those ap10 plicable to the holder of a full driver’s license,

11 including warning letters and suspension at a

12 lower point threshold.

13 ‘‘(D) For a State’s first 2 years of receiv14 ing a grant under this section, the Secretary

15 may waive the clean driving record requirement

16 of subparagraph (A)(iii) if the State submits

17 satisfactory evidence of its efforts to establish

18 such a requirement.

19 ‘‘(3) CRITERIA FOR BASIC GRANT.—The 7 cri20 teria referred to in paragraph (1)(B) are as follows:

21 ‘‘(A) The State requires that any driver

22 under 21 years of age with a blood alcohol con23 centration of 0.02 percent or greater when driv24 ing a motor vehicle shall be deemed to be driv25 ing while intoxicated for the purpose of (i) ad-
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•HR 5248 EH

1 ministrative or judicial sanctions or (ii) a law or

2 regulation that prohibits any individual under

3 21 years of age with a blood alcohol concentra4 tion of 0.02 percent or greater from driving a

5 motor vehicle.

6 ‘‘(B) The State has a law or regulation

7 that provides a mandatory minimum penalty of

8 at least $500 for anyone who in violation of

9 State law or regulation knowingly, or without

10 checking for proper identification, provides or

11 sells alcohol to any individual under 21 years of

12 age.

13 ‘‘(C) The State requires that the license of

14 a driver under 21 years of age be suspended for

15 a period specified by the State if such driver is

16 convicted of the unlawful purchase or public

17 possession of alcohol. The period of suspension

18 shall be at least 6 months for a first conviction

19 and at least 12 months for a subsequent convic20 tion; except that specific license restrictions

21 may be imposed as an alternative to such mini22 mum periods of suspension where necessary to

23 avoid undue hardship on any individual.
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•HR 5248 EH

1 ‘‘(D) The State conducts youth-oriented

2 traffic safety enforcement activities, and edu3 cation and training programs—

4 ‘‘(i) with the participation of judges

5 and prosecutors, that are designed to en6 sure enforcement of traffic safety laws and

7 regulations, including those that prohibit

8 drivers under 21 years of age from driving

9 while intoxicated, restrict the unauthorized

10 use of a motor vehicle, and establish other

11 moving violations; and

12 ‘‘(ii) with the participation of student

13 and youth groups, that are designed to en14 sure compliance with such traffic safety

15 laws and regulations.

16 ‘‘(E) The State prohibits the possession of

17 any open alcoholic beverage container, or the

18 consumption of any alcoholic beverage, in the

19 passenger area of any motor vehicle located on

20 a public highway or the right-of-way of a public

21 highway; except as allowed in the passenger

22 area, by persons (other than the driver), of a

23 motor vehicle designed to transport more than

24 10 passengers (including the driver) while being
31

•HR 5248 EH

1 used to provide charter transportation of pas2 sengers.

3 ‘‘(F) The State provides, to a parent or

4 legal guardian of any provisional licensee, gen5 eral information prepared with the assistance of

6 the insurance industry on the effect of traffic

7 safety convictions and at-fault accidents on in8 surance rates for young drivers.

9 ‘‘(G) The State requires that a provisional

10 driver’s license may be issued only to a driver

11 who has satisfactorily completed a State-accept12 ed driver education and training program that

13 meets Department of Transportation guidelines

14 and includes information on the interaction of

15 alcohol and controlled substances and the effect

16 of such interaction on driver performance, and

17 information on the importance of motorcycle

18 helmet use and safety belt use.

19 ‘‘(f) SUPPLEMENTAL GRANT PROGRAM.—

20 ‘‘(1) EXTENDED APPLICATION OF PROVISIONAL

21 LICENSE REQUIREMENT.—For purposes of this sec22 tion, a State is eligible for a supplemental grant for

23 a fiscal year in an amount, subject to subsection (c),

24 not to exceed 10 percent of the amount apportioned

25 to such State for fiscal year 1989 under section 402
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•HR 5248 EH

1 of this title if such State is eligible for a basic grant

2 and in addition such State requires that a driver

3 under 21 years of age shall not be issued a full driv4 er’s license until the driver has held a provisional li5 cense for at least 1 year with a clean driving record

6 as described in subsection (e)(2)(B).

7 ‘‘(2) REMEDIAL DRIVER EDUCATION.—For pur8 poses of this section, a State is eligible for a supple9 mental grant for a fiscal year in an amount, subject

10 to subsection (c), not to exceed 5 percent of the

11 amount apportioned to such State for fiscal year

12 1989 under section 402 of this title if such State is

13 eligible for a basic grant and in addition such State

14 requires, at a lower point threshold than for other

15 drivers, remedial driver improvement instruction for

16 drivers under 21 years of age and requires such re17 medial instruction for any driver under 21 years of

18 age who is convicted of reckless driving, excessive

19 speeding, driving under the influence of alcohol, or

20 driving while intoxicated.

21 ‘‘(3) RECORD OF SERIOUS CONVICTIONS; HA22 BITUAL OR REPEAT OFFENDER SANCTIONS.—For

23 purposes of this section, a State is eligible for a sup24 plemental grant for a fiscal year in an amount, sub25 ject to subsection (c), not to exceed 5 percent of the
33

•HR 5248 EH

1 amount apportioned to such State for fiscal year

2 1989 under section 402 of this title if such State is

3 eligible for a basic grant and in addition such

4 State—

5 ‘‘(A) requires that a notation of any seri6 ous traffic safety conviction of a driver be main7 tained on the driver’s permanent traffic record

8 for at least 10 years after the date of the con9 viction; and

10 ‘‘(B) provides additional sanctions for any

11 driver who, following conviction of a serious

12 traffic safety violation, is convicted during the

13 next 10 years of one or more subsequent seri14 ous traffic safety violations.

15 ‘‘(4) INTERSTATE DRIVER LICENSE COM16 PACT.—The State is a member of and substantially

17 complies with the interstate agreement known as the

18 Driver License Compact, promptly and reliably

19 transmits and receives through electronic means

20 interstate driver record information (including infor21 mation on commercial drivers) in cooperation with

22 the Secretary and other States, and develops and

23 achieves demonstrable annual progress in imple24 menting a plan to ensure that (i) each court of the

25 State report expeditiously to the State driver licens-
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•HR 5248 EH

1 ing agency all traffic safety convictions, license sus2 pensions, license revocations, or other license restric3 tions, and driver improvement efforts sanctioned or

4 ordered by the court, and that (ii) such records be

5 available electronically to appropriate government of6 ficials (including enforcement, officers, judges, and

7 prosecutors) upon request at all times.

8 ‘‘(5) The State has a law or regulation

9 that provides a minimum penalty of at least

10 $100 for anyone who in violation of State law

11 or regulation drives any vehicle through,

12 around, or under any crossing, gate, or barrier

13 at a railroad crossing while such gate or barrier

14 is closed or being opened or closed.

15 ‘‘(6) VEHICLE SEIZURE PROGRAM.—The State

16 has a law or regulation that—

17 ‘‘(A) mandates seizure by the State or any

18 political subdivision thereof of any vehicle driv19 en by an individual in violation of an alcohol20 related traffic safety law, if such violator has

21 been convicted on more than one occasion of an

22 alcohol-related traffic offense within any 5-year

23 period beginning after the date of enactment of

24 this section, or has been convicted of driving

25 while his or her driver’s license is suspended or
35

•HR 5248 EH

1 revoked by reason of a conviction for such an

2 offense;

3 ‘‘(B) mandates that the vehicle be forfeited

4 to the State or a political subdivision thereof if

5 the vehicle was solely owned by such violator at

6 the time of the violation;

7 ‘‘(C) requires that the vehicle be returned

8 to the owner if the vehicle was a stolen vehicle

9 at the time of the violation; and

10 ‘‘(D) authorizes the vehicle to be released

11 to a member of such violator’s family, the co12 owner, or the owner, if the vehicle was not a

13 stolen vehicle and was not solely owned by such

14 violator at the time of the violation, and if the

15 family member, co-owner, or owner, prior to

16 such release, executes a binding agreement that

17 the family member, co-owner, or owner will not

18 permit such violator to drive the vehicle and

19 that the vehicle shall be forfeited to the State

20 or a political subdivision thereof in the event

21 such violator drives the vehicle with the permis22 sion of the family member, co-owner, or owner.

23 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

24 are authorized to be appropriated to carry out this section,

25 $9,000,000 for the fiscal year ending September 30, 1996,
36

•HR 5248 EH

1 $12,000,000 for the fiscal year ending September 30,

2 1997, $14,000,000 for the fiscal year ending September

3 30, 1998, $16,000,000 for the fiscal year ending Septem4 ber 30, 1999, and $18,000,000 for the fiscal year ending

5 September 30, 2000.’’.

6 (b) CONFORMING AMENDMENT.—The analysis of

7 chapter 4 of title 23, United States Code, is amended by

8 inserting immediately after the item relating to section

9 410 the following new item:

‘‘411. Programs for young drivers.’’.

10 (c) DEADLINES FOR ISSUANCE OF REGULATIONS.—

11 The Secretary shall issue and publish in the Federal Reg12 ister proposed regulations to implement section 411 of

13 title 23, United States Code (as added by this section),

14 not later than 6 months after the date of enactment of

15 this Act. The final regulations for such implementation

16 shall be issued, published in the Federal Register, and

17 transmitted to Congress not later than 12 months after

18 such date of enactment.

19 SEC. 222. PROGRAM EVALUATION.

20 (a) EVALUATION BY SECRETARY.—The Secretary

21 shall, under section 403 of title 23, United States Code,

22 conduct an evaluation of the effectiveness of State provi23 sional driver’s licensing programs and the grant program

24 authorized by section 411 of title 23, United States Code

25 (as added by section 101 of this Act).
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•HR 5248 EH

1 (b) REPORT TO CONGRESS.—By January 1, 1997,

2 the Secretary shall transmit a report on the results of the

3 evaluation conducted under subsection (a) and any related

4 research to the Committee on Commerce, Science, and

5 Transportation of the Senate and the Committee on Pub6 lic Works and Transportation of the House of Representa7 tives. The report shall include any related recommenda8 tions by the Secretary for legislative changes.

9 Subtitle C—Older Driver Programs

10 SEC. 231. OLDER DRIVER SAFETY RESEARCH.

11 (a) RESEARCH ON PREDICTABILITY OF HIGH RISK

12 DRIVING.—

13 (1) The Secretary shall conduct a program that

14 funds, within budgetary limitations, the research

15 challenges presented in the Transportation Research

16 Board’s report entitled ‘‘Research and Development

17 Needs for Maintaining the Safety and Mobility of

18 Older Drivers’’ and the research challenges pertain19 ing to older drivers presented in a report to Con20 gress by the National Highway Traffic Safety Ad21 ministration entitled ‘‘Addressing the Safety Issues

22 Related to Younger and Older Drivers’’.

23 (2) To the extent technically feasible, the Sec24 retary shall consider the feasibility and further the

25 development of cost efficient, reliable tests capable of
38

•HR 5248 EH

1 predicting increased risk of accident involvement or

2 hazardous driving by older high risk drivers.

3 (b) SPECIALIZED TRAINING FOR LICENSE EXAMIN4 ERS.—The Secretary shall encourage and conduct re5 search and demonstration activities to support the special6 ized training of license examiners or other certified exam7 iners to increase their knowledge and sensitivity to the

8 transportation needs and physical limitations of older driv9 ers, including knowledge of functional disabilities related

10 to driving, and to be cognizant of possible counter11 measures to deal with the challenges to safe driving that

12 may be associated with increasing age.

13 (c) COUNSELING PROCEDURES AND CONSULTATION

14 METHODS.—The Secretary shall encourage and conduct

15 research and disseminate information to support and en16 courage the development of appropriate counseling proce17 dures and consultation methods with relatives, physicians,

18 the traffic safety enforcement and the motor vehicle licens19 ing communities, and other concerned parties. Such proce20 dures and methods shall include the promotion of vol21 untary action by older high risk drivers to restrict or limit

22 their driving when medical or other conditions indicate

23 such action is advisable. The Secretary shall consult exten24 sively with the American Association of Retired Persons,

25 the American Association of Motor Vehicle Administra-
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•HR 5248 EH

1 tors, the American Occupational Therapy Association, the

2 American Automobile Association, the Department of

3 Health and Human Services, the American Public Health

4 Association, and other interested parties in developing

5 educational materials on the interrelationship of the aging

6 process, driver safety, and the driver licensing process.

7 (d) ALTERNATIVE TRANSPORTATION MEANS.—The

8 Secretary shall ensure that the agencies of the Depart9 ment of Transportation overseeing the various modes of

10 surface transportation coordinate their policies and pro11 grams to ensure that funds authorized under the Inter12 modal Surface Transportation Efficiency Act of 1991

13 (Public Law 102–240; 105 Stat. 1914) and implementing

14 Department of Transportation and Related Agencies Ap15 propriation Acts take into account the transportation

16 needs of older Americans by promoting alternative trans17 portation means whenever practical and feasible.

18 (e) STATE LICENSING PRACTICES.—The Secretary

19 shall encourage State licensing agencies to use restricted

20 licenses instead of canceling a license whenever such ac21 tion is appropriate and if the interests of public safety

22 would be served, and to closely monitor the driving per23 formance of older drivers with such licenses. The Sec24 retary shall encourage States to provide educational mate25 rials of benefit to older drivers and concerned family mem-
40

•HR 5248 EH

1 bers and physicians. The Secretary shall promote licensing

2 and relicensing programs in which the applicant appears

3 in person and shall promote the development and use of

4 cost effective screening processes and testing of physio5 logical, cognitive, and perception factors as appropriate

6 and necessary. Not less than one model State program

7 shall be evaluated in light of this subsection during each

8 of the fiscal years 1996 through 1998. Of the sums au9 thorized under subsection (i), $250,000 is authorized for

10 each such fiscal year for such evaluation.

11 (f) IMPROVEMENT OF MEDICAL SCREENING.—The

12 Secretary shall conduct research and other activities de13 signed to support and encourage the States to establish

14 and maintain medical review or advisory groups to work

15 with State licensing agencies to improve and provide cur16 rent information on the screening and licensing of older

17 drivers. The Secretary shall encourage the participation

18 of the public in these groups to ensure fairness and con19 cern for the safety and mobility needs of older drivers.

20 (g) INTELLIGENT VEHICLE-HIGHWAY SYSTEMS.—In

21 implementing the Intelligent Vehicle-Highway Systems

22 Act of 1991 (23 U.S.C. 307 note), the Secretary shall en23 sure that the National Intelligent Vehicle-Highway Sys24 tems Program devotes sufficient attention to the use of

25 intelligent vehicle-highway systems to aid older drivers in
41

•HR 5248 EH

1 safely performing driver functions. Federally-sponsored

2 research, development, and operational testing shall en3 sure the advancement of night vision improvement sys4 tems, technology to reduce the involvement of older drivers

5 in accidents occurring at intersections, and other tech6 nologies of particular benefit to older drivers.

7 (h) TECHNICAL EVALUATIONS UNDER INTERMODAL

8 SURFACE TRANSPORTATION EFFICIENCY ACT.—In con9 ducting the technical evaluations required under section

10 6055 of the Intermodal Surface Transportation Efficiency

11 Act of 1991 (Public Law 102–240; 105 Stat. 2192), the

12 Secretary shall ensure that the safety impacts on older

13 drivers are considered, with special attention being de14 voted to ensuring adequate and effective exchange of infor15 mation between the Department of Transportation and

16 older drivers or their representatives.

17 (i) AUTHORIZATION OF APPROPRIATIONS.—Of the

18 funds authorized under section 403 of title 23, United

19 States Code, $1,250,000 is authorized for each of the fis20 cal years 1995 through 1997 to support older driver pro21 grams described in subsections (a), (b), (c), (e), and (f).
42

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1 Subtitle D—High Risk Drivers

2 SEC. 241. STUDY ON WAYS TO IMPROVE TRAFFIC RECORDS

3 OF ALL HIGH RISK DRIVERS.

4 (a) IN GENERAL.—Within 1 year after the date of

5 enactment of this Act, the Secretary shall complete a

6 study to determine whether additional or strengthened

7 Federal activities, authority, or regulatory actions are de8 sirable or necessary to improve or strengthen the driver

9 record and control systems of the States to identify high

10 risk drivers more rapidly and ensure prompt intervention

11 in the licensing of high risk drivers. The study, which shall

12 be based in part on analysis obtained from a request for

13 information published in the Federal Register, shall con14 sider steps necessary to ensure that State traffic record

15 systems are unambiguous, accurate, current, accessible,

16 complete, and (to the extent useful) uniform among the

17 States.

18 (b) SPECIFIC MATTERS FOR CONSIDERATION.—Such

19 study shall at a minimum consider—

20 (1) whether specific legislative action is nec21 essary to improve State traffic record systems;

22 (2) the feasibility and practicality of further en23 couraging and establishing a uniform traffic ticket

24 citation and control system;
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1 (3) the need for a uniform driver violation point

2 system to be adopted by the States;

3 (4) the need for all the States to participate in

4 the Driver License Reciprocity Program conducted

5 by the American Association of Motor Vehicle Ad6 ministrators;

7 (5) ways to encourage the States to cross-ref8 erence driver license files and motor vehicle files to

9 facilitate the identification of individuals who may

10 not be in compliance with driver licensing laws; and

11 (6) the feasibility of establishing a national pro12 gram that would limit each driver to one driver’s li13 cense from only one State at any time.

14 (c) EVALUATION OF NATIONAL INFORMATION SYS15 TEMS.—As part of the study required by this section, the

16 Secretary shall consider and evaluate the future of the na17 tional information systems that support driver licensing.

18 In particular, the Secretary shall examine whether the

19 Commercial Driver’s License Information System, the Na20 tional Driver Register, and the Driver License Reciprocity

21 program should be more closely linked or continue to exist

22 as separate information systems and which entities are

23 best suited to operate such systems effectively at the least

24 cost. The Secretary shall cooperate with the American As-
44

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1 sociation of Motor Vehicle Administrators in carrying out

2 this evaluation.

3 SEC. 242. STATE PROGRAMS FOR HIGH RISK DRIVERS.

4 The Secretary shall encourage and promote State

5 driver evaluation, assistance, or control programs for high

6 risk drivers. These programs may include in-person license

7 reexaminations, driver education or training courses, li8 cense restrictions or suspensions, and other actions de9 signed to improve the operating performance of high risk

10 drivers.

11 Subtitle E—Funding

12 SEC. 251. FUNDING FOR 23 U.S.C. 410 PROGRAM.

13 In addition to any amount otherwise appropriated or

14 available for such use, there are authorized to be appro15 priated $15,000,000 for fiscal years 1995, 1996, and 1997

16 for the purpose of carrying out section 410 of title 23,

17 United States Code.

18 TITLE III—CORRECTION OF

19 LOCATION

20 SEC. 301.

21 The table contained in section 1107(b) of the Inter22 modal Surface Transportation Efficiency Act of 1991 is

23 amended in item number 24, by adding at the end ‘‘and

24 for similar purposes eligible for funding under title 23,

25 United States Code, or under the Intermodal Surface
45

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1 Transportation Efficiency Act on any similar existing fa2 cility within a 150 mile radius of such project as selected

3 by the State of Pennsylvania.’’.

Passed the House of Representatives October 7,

1994.

Attest:

Clerk.
103D CONGRESS

2D SESSION H. R. 5248

AN ACT

To require States to consider adopting mandatory,

other purposes.from being damaged by any excavations, and foruid pipelines and all other underground facilitiessystems to protect natural gas and hazardous liqcomprehensive, Statewide one-call notification